Signatures are the backbone of our contractual society and the most important type of authentication used on legal documents. When someone signs a document, they are legally confirming the contents of the document and any obligations they have agreed to. So forging someone’s signature? That is a serious crime that can lead to real consequences for all involved. But what if someone forged your signature on a document? Can you sue them and get paid? In short, the answer is yes.
What to Know about Forgery
Forgery is a crime when a person creates or alters a legal instrument with the intent to defraud. When you sue someone for forging your signature, you are seeking compensation for the damages caused by the forgery. This could include any losses you suffered as a result of the forged signature, such as any money you lost due to fraud or financial losses from a contract that was signed without your permission. In addition, you may also be able to seek punitive damages, which are intended to punish the forger for their actions.
What to Consider Before Suing for Forgery
In order to successfully sue someone for forging your signature, you must be able to prove that the signature was indeed forged. This may be done through a police report, a professional handwriting analysis, or any other type of forensic analysis. It is also important to have evidence that the forged signature was used to commit a crime or to enter into a contract without your permission.
You should know that the process of filing a lawsuit against someone who forged your signature can be complicated and time-consuming. Consider consulting with a lawyer who is experienced in these types to cases. Your lawyer can help determine if you have a strong case and make sure your rights are protected.
In addition to a civil lawsuit, you may also be able to file a criminal complaint against the forger. Depending on the laws in your state, forgery can be charged as a misdemeanor or a felony. If the forger is convicted, they could face jail time and a fine.
- If the situation seems to be a bit smaller than hiring an attorney and filing a civil suit, you can consider small claims court. The benefit of small claims court is that lawyers aren’t required. This makes small claims less intimidating and more affordable for most Americans
With Dispute software, you can start your small claims case by generating, signing, and mailing a demand letter and small claims filing in minutes from your phone or computer. Keep reading below for more info on how to move forward.
Write a Demand Letter
A demand letter is a formal letter asking for payment. Strongly worded demand letters on professional letterhead have a better chance of reaching a settlement out of court than regular letters. At Dispute, you can generate a demand letter in minutes.
- On the top, in the address block, put in the company name and address. You can find the registered agent at the bottom of this page.
- Next, put the subject line as 'Re: Demand for Payment'
- In one sentence, tell them how much the other party owes you which you will claim in your small claims lawsuit.
- Then, in two to three sentences describe your issue.
- Finally, state in plain language that you will go to small claims court if necessary. Don't say that you will do anything else, such as speaking poorly about them.
- On the bottom, include your name and address
How to Send a Demand Letter
After you write the demand letter, you’ll want to send it to their registered agent so that it’s guaranteed to go to the legal department. Make sure that you get a tracking number for the mail you send them. It can become important evidence in your case.
Demand letters are often mailed. But if you don’t have time to find a printer, buy an envelope, and visit a post office, we can mail it for you. Send your demand letter with just a click from the comfort of your home with Dispute.
Start your Small Claims Forms
If the dealership does not pay you after receiving the demand letter, you can file a small claim to win your money back. Although this may sound complicated, small claims is actually less complicated than regular court. There are some county guidelines you’ll have to follow, but filing with Dispute can make it easier on you.
You’ll need to find and prepare your small claims form based on where you decide to sue. Usually, people sue where the defendant lives or does business.
Then, wherever you decide to sue, look up the county's small claims system. They’ll provide details on their website about what small claims forms are necessary. You can read more about the small claims process here.
Serve your Small Claims Paperwork
One of the last steps before your trial will be to physically give the small claims paperwork to the defendant. This is called “serving” the defendant. You can’t serve the defendant yourself, but you can find someone else to do it. Many people hire professional process servers. There are legal guidelines that you must follow so that your case can go to court.
Defendants may sometimes avoid service. In order to keep your court date, you should hire a professional process server so that you can be sure all legal guidelines are appropriately followed.
Attend your Small Claims Trial
On the date of your small claims trial, be sure to arrive early and well prepared. Bring at least three copies of all evidence you intend to present, and if your hearing is remote be sure to have provided copies in advance to the other party and to the court. Failure to follow the strict local guidelines can result in your case being dismissed, but if you’ve followed the rules then you can often win by default when the other party doesn’t show up.
How Much it Costs
So how much will you spend by suing in small claims court?
- Court Filing Fees: The amount you will pay to file a small claims lawsuit depends on how much you are suing for and where you are suing. You can expect to pay between $30 to $400 to file the lawsuit. If you cannot afford to pay court fees, you can ask the court to waive the fees.
- Serving Costs: Once the lawsuit is filed, you must notify the defendant that you have sued them. This is called "serving." Serving Costs can range from $20-100 depending upon the local area.
Remember, if you win, you can request that the other party pay for your court fees and serving costs.
The Benefits of Small Claims Court
- Court filing fees are cheaper in small claims than in other courts.
- The process is faster in small claims than in other courts, as your hearing will usually be scheduled 30-70 days after you file the lawsuit.
- Lawyers are generally not allowed in small claims, which helps keep the costs of suing low.
Taking the First Step in Your Lawsuit
If all of this work seems complicated or daunting, rest assured that it's easier than it initially seems. 2.7 million small claims court cases are filed annually in the US, which is only growing as more people realize how easy it is to enforce their legal rights in court.
Suing over a forgery can be a complex and challenging process. It's essential to gather evidence and understand the legal process. If you believe that you have been the victim of this crime, don't hesitate to seek legal advice. By taking action, you can hold the company accountable for its actions and receive the compensation you deserve.
